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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Mukesh Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petition challenges medical fitness determination. (Para 2) |
| 2. petitioner alleges unfair medical examination process. (Para 3 , 4 , 5) |
| 3. court finds examination conducted properly and clarifies differences. (Para 6 , 7 , 8 , 9) |
| 4. writ petition dismissed for lack of merit. (Para 10) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the findings of the initial Medical Board and the Review Medical Board dated 14th September 2021 and 15th September 2021 respectively, whereby petitioner has been declared medically unfit for appointment as Constable (Driver) in the ITBP.
3. Learned counsel for the Petitioner states that the Petitioner was examined in haste by the doctor in the Review Medical Board and declared unfit on account of `defective colour perception CP-IV'. He states that during the Ishihara test, i.e the test for colour vision/blindness, the Petitioner was hardly given three seconds per plate as opposed to the standard five seconds time given per plate.
4. He further contends that even though the impugned review medical unfitness certificate shows the signature
Challenging medical board decisions requires substantial evidence of procedural errors; the standard for fitness must ensure rigorous and fair assessments.
Accurate assessment of medical fitness and the importance of colour perception for a driver in challenging terrains are crucial factors in determining eligibility for the position.
Military medical assessments have precedence over private opinions in determining fitness for service, ensuring compliance with established operational standards.
The opinion of the medical authorities of the Forces is crucial in determining the fitness of a candidate for recruitment.
The court upheld the authority of the Medical Board's assessment over private medical opinions in determining fitness for CAPF recruitment, emphasizing the significance of expert judgment.
The finality of the medical board's decision and the expertise of the board in assessing medical fitness for appointment in the forces.
The decision emphasized the authority of the Respondents to examine the suitability and eligibility of candidates for a position, particularly in terms of medical fitness.
Point of law: No good reason to discard joint opinion by three eye specialists merely because other eye-specialists on civilian side had given a different opinion to effect that there was no defect i....
A fresh medical examination must be conducted to ensure fair recruitment practices, with the decision of the new Medical Board being final and binding.
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